Answered: NEC ECC: Impossible to move forward a Completion Date because of...
No you are 100% correct. The only way contractually that Completion Date can come forward is through acceleration(36) or accepting a defect (44).
View ArticleAnswered: NEC ECC: Option C - removal of items 12/13 of SCC
The removal of items 12 and 13 in the SCC doesn't actually simplify the assessment, as item 11 states, ' ... wages, salaries and amounts paid by the Contractor ..... '. Items 12 and 13 provided...
View ArticleAnswered: NEC ECC: Option C: Disallowed Cost regarding Subcontractor's works
Assuming this is NEC3, which is referenced below. It doesn't look as though the Disallowed Cost clause 11.2 (25) bullet point 2 is applicable as payment has been made in accordance with the...
View ArticleAnswered: NEC ECC: Remedies for Programme not meeting Key Dates and...
As this was the first programme submitted for acceptance, may I suggest notifying an early warning and discussing the matter at a corresponding early warning meeting. Â Examine the submitted programme...
View ArticleAnswered: NEC3: Is there precedence of contract documents?
In relation to an NEC hierarchy of documents, Jon Broome wrote an excellent article on this very subject which can be found either following the below...
View ArticleAnswered: NEC ECC: Option A discovery of asbestos
First of all, I believe you should check whether the issue fails within the coverage of compensation event as specified in Clause 60. You may also with to refer to your Contract Data Part 1 and Clause...
View ArticleAnswered: NEC4 ECSC: Sectional Completion in NEC4 ECSC
As a simpler alternative to Glenn's suggestion below - but without contractual 'bite' / recourse of delay damages - you can just specify the area that you want completed earlier as a constraint in the...
View ArticleAnswered: NEC ECC: Communications following delegation of Project Manager's...
Glenn's response is absolutely correct under NEC4 as the delegation of duties by the Project Manager does not prevent the Project Manager from also doing them. Under NEC3, this was not necessarily the...
View ArticleAnswered: NEC ECC: Option A: Subcontractor - Standing...
Hi I have assumed that there is acceptance that the matter causing this situation is a compensation event. In respect of assessing the compensation event, the overarching intention should be to agree a...
View ArticleAnswered: NEC ECC: PM requests quotation but then decides the CE is not valid
The Project Manager has completed the contractual action of instructing the submission of a quotation, so the consequential contractual action is for the Contractor to submit a quotation. The...
View ArticleNEC ECC: Is a quotation response binding?
Does the response to the Quotation Request have to be agreed prior to the issuing of an instruction to proceed with the additional works. For example, if the cost cannot be agreed but the instruction...
View ArticleAnswered: NEC ECC: PM requests quotation but then decides the CE is not valid
It is an interesting question. Looking at Clause 61.4, the Project Manager may decide if a notified event is not a compensation event stated in Clause 60. It it is not stated in Clause 60, the Project...
View ArticleJCT: Can we use agreed all in daywork rates to value verified standing time.
We are working for a subcontractor who is contracted to a JCT subcontract with partial design with their conditions stepped down from their subcontract. We are also working to sectional possession and...
View ArticleAnswered: NEC ECC: Does Temporary Works apply under clause 20?
Design of temporary works is covered by clause 23 as it is 'Equipment', so you only have to submit it for acceptance if the Project Manager instructs.
View ArticleAnswered: NEC ECC: Option A Option X7 selected but Rate not stated in the...
Yes, but it would be at a 'reasonable' rate whatever that is, whereas if it had been stated in the Contract Data, provided there was some rationale to it being a genuine pre-estimate of likely loss,...
View ArticleNEC4 ECSC: Who exactly is the Client under the ECSC and how can...
I represent a national organisation with multiple departments (Operations; Engineering; Asset Management; Environment; Estates; etc; etc) who all have a tendency to give our contractors "guidance" on...
View ArticleAnswered: NEC4 ECSC: Who exactly is the Client under the ECSC and how can...
Named individuals should be named rather than a "company name" or an "organisation name" for this exact reason. This than makes it clear who is empowered to give an instruction. Under the full versions...
View ArticleNEC ECC: Design and build project
A Contractor design and build contract... a culvert has been discovered below ground. Contractor claiming this is a service and there for should be a CE. Bearing in mind physical conditions &...
View ArticleNEC ECC: Option B - Compensation Event: Change of Rates
I am currently project managing an Option B contract which is in essence a filling of an existing V shape valley to provide a level surface for an infrastructure. As well as the BoQ, the control of the...
View ArticleNEC ECS: Access Date windows, Key Dates and additional prelims
we have a NEC3 option A subcontract with amendments. In the contract data we have access dates which have a window. The subsequent key date is based upon X number of days from the access date given. In...
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